LEAD-BASED PAINT DETERMINATION FORM
Rehabilitation Projects built prior to January 1978.
Projects receiving HUD funds, including HOME, project based rental assistance, and
the Risk Sharing Program, will be subject to the new lead-based paint regulations of
24 CFR 35. Questions about lead-based paint regulations should be directed to
John Cora at (502) 564-7630, extension 399.
1. Will the project receive HUD funding?
Yes_____
No_____
If “No,” you do not have to complete the remainder of this form, submit
only this sheet with the application.
2. Several exemptions exist which may apply to rental funding. These exemptions
are:
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





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Structures that were built on or after January 1, 1978.
Facilities that are designated exclusively for the elderly or persons with
disabilities, unless a child under the age of six is expected to reside there.
Zero bedroom dwellings, including efficiency apartments, single-room occupancy
housing, dormitories, or military barracks.
Property that has been found to be free of lead-based paint by a certified
inspector.
Property where all lead-based paint has been removed and clearance has been
achieved.
Unoccupied housing that will remain vacant until it is demolished.
Non-residential property such as business or industrial property (common areas
and exterior surfaces shared by residential and non-residential uses are
considered residential).
Rehabilitation projects that do not disturb a painted surface. (The new regulations
still apply if the project involves project-based rental assistance or risk sharing.
Also, the new regulations apply if the project uses HOME and involves
acquisition or operations).
Projects involving an application for multifamily mortgage insurance in connection
with a refinancing transaction where an appraisal is not required under the
applicable procedures established by HUD are exempted from the Multifamily
Mortgage Insurance requirements of 24 CFR 35 Subpart G. If the project
involves any other HUD funds, you are not exempt. You are still subject to the
requirements of the other programs.
Is the project exempt under one of the above?
Yes
No
If “Yes,” indicate which exemption(s) and provide an explanation and any
appropriate supporting documentation. You do not have to complete the
remainder of this form.
3.
Does the project involve rehabilitation?
If “No,” skip to question 4.
Yes
No
3a.
Does the project request assistance under
the Risk Sharing Program?
Yes
No
Yes
No
If “No,” skip to question 3c.
3b.
Does the project involve nonresidential property
that is to be converted to residential use, or
residential property that is to undergo
rehabilitation that is estimated to cost more than
50 percent of the estimated replacement cost
after rehabilitation?
If “Yes,” the project will require paint inspection and abatement. Skip
to question 4.
3c.
Please complete attachment 1
4.
Attachment 2, 3, and 4 are overviews of the lead-based paint requirements
for project- based rental assistance, rehabilitation, acquisition leasing and
support services (ALSSO), and multifamily mortgage insurance. If your
project is subject to the requirements of more than one program, you must
comply with the most stringent. Please explain the steps you have taken to
understand the requirements pertaining to your project and further explain
how you intend to comply with these regulations. Be sure to include a
discussion on the certification/training requirements.
5. Please explain how lead-based paint-related costs were estimated. Be sure
to include discussions on hard costs and soft costs such as risk assessments
and clearance reports, if applicable.
Lead-Based Paint - Attachment 1
ATTACHMENT 1
Determination of Lead Treatment Category for Rental Rehabilitation
Projects Subject to the New Lead-Based Paint Regulations
Name and Location of Project/Unit
IF ALL UNITS ARE FEDERALLY ASSISTED
1. Total Construction Hard Cost
2. Construction Hard Costs to Reduce Lead-Based Paint Hazards
(attach additional sheet listing each construction item separately)
3. Line #1 minus line #2
4. Total Number of Units
5. Line #3 divided by Line #4
6. Total Amount of Federal Funds in Project (all funds, not just construction related)
7. Line #6 divided by Line #4
8. Enter the lesser of the two numbers found in lines #5 and #7
Line #8 determines the category of lead reduction necessary.
Please note that if #8 is equal to or below $5,000 Subpart K of 24 CFR 35 must be followed.
IF SOME UNITS IN THE PROJECT ARE NOT FEDERALLY ASSISTED
1. Total Construction Hard Cost for Assisted units only (not including ext. & com. areas)
2. Construction Hard Costs to Reduce Lead-Based Paint Hazards in
assisted units only (attach additional sheet, list each construction item separately)
3. Total Construction Hard Cost for common areas and exterior surfaces
4. Construction Hard Costs to Reduce Lead-Based Paint Hazards in common
Areas and exterior surfaces (attach additional sheet, list each construction
Item separately).
5. Line #1 minus Line #2
6. Line #3 minus Line # 4
7. Number of Federally assisted units in the project.
8. Total number of dwelling units in the project.
9. Line #5 divided by line #7
10. Line #6 divided by Line #8.
11. Line #9 plus line #10 (this is the average hard cost after deductions)
12. Total federal assistance (all federal assistance, not just hard costs)
13. Line #12 divided by line #7 (this is the average federal assistance)
14. Enter the lesser of the two numbers found in lines #11 and #13
Line #14 determines the category of lead reduction necessary.
Please note that if #14 is equal to or below $5,000 and the project involved acquisition, Subpart K
of 24 CFR 35 must be followed.
Lead-Based Paint – Attachment 2
ATTACHMENT 2
PROJECT-BASED RENTAL ASSISTANCE
Notification
Lead Hazard Evaluation
Lead Hazard Reduction
Multifamily >$5,000/unit
Multifamily <$5,000/unit
And Single-Family Units
All 4 Types
All 4 Types
Risk Assessment
Built Prior to
Built 19601960
1977
By 9/17/2001
By 9/15/2003
Visual Assessment
Interim Controls
Paint Stabilization
Safe Work Practices
Yes
Yes
Clearance
Yes
Yes
Ongoing Maintenance
Yes
Yes
EIBLL
Yes
Yes
Category Notes
Owner must perform ongoing
lead-based paint maintenance
until the risk assessment is
complete.
Most activities on this chart require specialized training and/or certification.
Lead-Based Paint - ATTACHMENT 3 (ICF Chart Modified by KHC)
SUMMARY OF LEAD-BASED PAINT REQUIREMENTS
Approach to
Lead Hazard
Evaluation
and
Reduction
Notification
Lead Hazard
Evaluation
Lead Hazard
Reduction
Clearance
Ongoing
Maintenance
EIBLL
Requirements
Options
<$5,000
1. Do no
harm
All 4 types
Paint Testing
Repair
surfaces
disturbed
during
rehabilitation
Rehabilitation
(Subpart J)
$5,000-$25,000
3. Identify and
control lead
hazards
All 4 types
Paint Testing
and Risk
Assessment
Interim Controls
Safe work
practices
Clearance of
work site
If HOME
Rental
No
Safe work
practices
Clearance of
unit
If HOME Rental
Presume
lead-based
paint, requires
use of safe
work
practices on
all surfaces
Presume leadbased paint
and/or hazards,
requires use of
standard
treatments
No
TBRA
(Subpart M)
>$25,000
4. Identify and
abate lead
hazards
All 4 types
Paint Testing
and Risk
Assessment
Abatement
(Interim
controls on
exterior
surfaces not
disturbed by
rehabilitation)
Safe work
practices
Clearance of
unit
If HOME
Rental
No
2. Identify and
stabilize
deteriorated
paint
A,L,SS,O
(Subpart K)
Homebuyer
2. Identify and
stabilize
deteriorated
paint
All 4 types
Visual
Assessment
All 4 types
Visual
Assessment
Paint
Stabilization
Paint
Stabilization
Safe work
practices
Clearance of
unit
Yes
Safe work
practices
Clearance of
unit
Yes (if ongoing
relationship)
No
Yes
Presume lead- Test
based paint
deteriorated
and/or
paint
hazards,
requires
abatement of
all applicable
surfaces
A,L,SS,O - Stands for Acquisition, Leasing, Support Services and Operations
Most activities on this chart require specialized training and/or certification.
Test
deteriorated
paint
Lead-Based Paint – Attachment 4
MULTIFAMILY MORTGAGE INSURANCE (v. 9/20/00)
Constructed Before
1960
Constructed after 1959
and before 1978
Conversions and Major
Rehabilitations
All 4 Types
All 4 Types
All 4 Types
Lead Hazard Evaluation
Risk Assessment
Ongoing Maintenance
Paint Inspection
Lead Hazard Reduction
Interim Controls
Ongoing Maintenance
Abatement
Safe Work Practices
Yes
Yes
Yes
Clearance
Yes
Yes
Yes
Ongoing Maintenance
Yes
Yes
Yes, if encapsulation or
enclosure is used. Also
if the historic properties
clause is used (see
note).
Notification
Most activities on this chart require specialized training and/or certification.